The defendant's KRW 199,00,000 and KRW 185,830,862 among them shall be 6% per annum from October 1, 2018 to September 8, 2020.

Basic Facts

A. On November 9, 2017, the Plaintiff concluded a contract with the Defendant for a construction work of a new site C neighborhood living facility in Bupyeong-gu Incheon Metropolitan Government with the construction cost of KRW 770 million (including value-added tax) and the construction period from November 10, 2017 to February 10, 2018.

B. On November 14, 2017, the Plaintiff paid the Defendant KRW 274,00,000,000 as part of the construction price, and KRW 274,00,000,000 on November 29, 2017, and KRW 52,00,000 on November 30, 2017, and KRW 120,000 on July 17, 2018.

C. The Defendant suspended construction in the entirety of the floor foundation construction and the sn beam construction, and the sn beamline was constructed with a heavy sn beam.

On August 27, 2018, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent that “by September 10, 2018, the Plaintiff would remove the sn beam material that was constructed in violation of the instant contract and re-rout the sn beam material to a new product, replace it with a new product, and cancel the contract without completing the construction.”

On March 27, 2019, the Plaintiff received KRW 77,000,00 from D Co., Ltd. (hereinafter “D”).

E. 1) The remainder of the part of the construction work performed by the Defendant until the discontinuance of the construction work, i.e., the amount calculated based on the drawings of the contract and the unit price under the contract for a part of the construction work, i.e., temporary construction/to be installed/to be installed/reficing concrete / telecommunications fire-fighting construction / to be calculated based on the quantity calculated based on the drawings of the contract and the unit price under the contract, is KRW 47,989,164 (a comprehensive table of appraisal statement 28 pages). (b) The cost incurred in removing the sn beam beamline that the Defendant performed is KRW 13,169,138 and the cost incurred in re-construction

[Ground for Recognition: Unsatisfy, Results of appraisal by appraiser E, Gap evidence 1 through 3, 5, 7, Eul evidence 1 (including paper numbers), purport of whole pleadings]

2. The parties' assertion

A. The Defendant is obligated to return the remainder of the construction cost, which remains after deducting the base height, out of the construction cost already received, to the Plaintiff, and to pay the heavy H beam removal and reconstruction cost as damages.

The plaintiff is on his own.